Arbitration Agreement Stifles Fonda Specialty Care Wrongful Death Case

A recent article reported that 87-year-old Marvin “Pete” Jacobs died at Fonda Specialty Care nursing home after temporary nurse Becky Manning repeatedly refused to suction his tracheostomy airway. CNA Tylene Schultz claims she asked Manning more than 10 times over eight hours to help Jacobs, who was gasping for air, pointing to his neck, and mouthing that he could not breathe. Despite Schultz’s desperate attempts to reach supervisory staff and requests to call 911, no help came.

Jacobs suffered what witnesses described as an “agonizing and painful” death from lack of oxygen while two CNAs watched helplessly. The state later fined the facility $6,500 for failing to provide proper respiratory care, and Manning pleaded guilty to misdemeanor wanton neglect. After the incident, administrator Jennifer Blair allegedly spoke to Schultz, saying, “keep your mouth shut,” and then fired her the next day. This led to Schultz’s whistleblower lawsuit for wrongful termination.

Arbitration: How Nursing Homes Block Family Justice

The Jacobs family’s pursuit of justice hit a major roadblock when a judge ruled their lawsuit must go to arbitration instead of court. However, when Pete Jacobs was admitted to the nursing home, his son Scott spent just 34 seconds reviewing and signing an arbitration agreement. Despite the brief review time, Judge Michael D. Huppert upheld the agreement’s validity, effectively halting the family’s lawsuit against the facility.

This arbitration clause prevented the family from pursuing their case in an open court, where evidence would be public and a jury could award damages. According to the Capitol Iowa Dispatch, The Iowa Supreme Court also declined to review this ruling, leaving the family with limited legal options. Meanwhile, whistleblower Tylene Schultz’s separate lawsuit for wrongful termination continues through the traditional court system. The nursing home’s arbitration agreement does not bind her from pursuing a legal claim for wrongful termination.

Do Not Let Arbitration Silence Your Family

When families fall victim to nursing home abuse like the Jacobs, arbitration agreements can halt their pursuit of justice. This happens to Iowa families every day while nursing homes hide abuse behind legal barriers, and victims suffer in silence.

At PKSD, we fight against facilities like Fonda Specialty Care that use arbitration clauses to escape accountability. Our Milwaukee-based nursing home abuse attorneys have extensive knowledge of arbitration agreements and how to dispute them. We work tirelessly to secure favorable compensation for families facing similar tragedies. We believe no contract should protect negligent care that leads to preventable deaths.

Need legal help for a nursing home abuse or negligence case? Our trusted law firm accepts cases in Wisconsin, Illinois and New Mexico.

PKSD Let Our Family, Help Yours 414-333-3333